Mediation
There are many other advantages of Mediation such as being able to use the process quickly and to avoid the costs of formal litigation. Often, Mediation is required to be considered as part of the litigation process or under contractual obligations.
The Mediator does not act as a judge or expert. The Mediator will not make a decision or impose a solution. The mediator will act as a facilitator and should make sure that all parties and issues are understood and that options to resolve issues are considered carefully.
Although the mediation process is non-binding, once the parties have reached an agreement, the mediator can assist in documenting the agreement so it is binding.
In terms of preparing for a mediation, the parties should consider strengths and weaknesses, key objectives, and areas suitable for compromise. The general rule is that anything said in a mediation will be without prejudice to enable the parties to negotiate and express views freely so that what is discussed cannot be referred to outside the mediation such as in any Court proceedings.
The initial stage of discussing a mediation and arranging/attending the mediation can be very important. Once arranged, the parties will have made a first step in the process to unlock difficult or protracted disputes.
Andrew Tugwell is an experienced Mediator dealing with Commercial and Property disputes. As a Chartered Surveyor and Solicitor, Andrew tries to find commercial and pragmatic solutions to disputes. Please contact us for an example mediation agreement, mediation logistics or any further details.